City of Arkansas City Board of City Commissioners

Transcription

City of Arkansas City
Board of City Commissioners
Agenda
Regular Meeting
Tuesday, May 20, 2014 @ 5:30 PM
City Commission Room, City Building – 118 W. Central – Arkansas City, Ks
I.
Routine Business
1. Roll Call
2. Opening Prayer and Pledge of Allegiance
3. Additions or Deletions to the Agenda (Voice Vote)
4. Approval of the Agenda (Voice Vote)
5. Recognition of Visitors
II. Awards and Proclamations
1. Proclamation declaring May 2014 as National Foster Care Month in Arkansas City.
III. Consent Agenda (Voice Vote)
1. Approval of May 6, 2014 regular meeting minutes as written.
IV. Old Business
1. Consider second reading of an Ordinance Adopting Zoning and Subdivision Regulations and
Zoning Maps for the City of Arkansas City, Kansas; Repealing existing laws of the City and
Incorporating such Regulations and Map by Reference. (Roll Call Vote)
V. New Business
1. Consider first reading of an Ordinance repealing Ordinance No. 91-12-3554 and replacing those
provisions regarding municipal court. (Roll Call Vote)
2. Consider Resolution authorizing the City of Arkansas City to enter into a Contract with Mies
Construction Company for Waterline Replacement Projects 2014. (Voice Vote)
3. Consider Resolution setting a public meeting of the Governing body of the City of Arkansas City
on May 27, 2014 at 5:30 p.m. (Voice Vote)
VI. Other Business
1. Executive session “Preliminary discussions relating to the Acquisition of Real Property”.
VII. City Manager Updates
Adjourn
 Upcoming Worksession May 30, 2014
1. 2013 Audit
Item for City Commission Action
Section III Item 1
Date
05/20/2014
Details
Citizen/Agency Contact
Department/Division
Finance Department
Consent Agenda Item - Approval of minutes from May 6, 2014 regular meeting
Minutes as written.
Description
Please see attached.
Commission Options
1. Approve the minutes.
Recommended by Staff 1 Advisory Board
Fiscal Impact:
Amount: N/A
Fund:
Staff Contact
Lesley Shook, City
Clerk
Department:
Included in budget
Expense Code:
Grant
Other (explain)
Approved for Agenda by:
SIGNATURE
Bonds
Arkansas City Commission Meeting Minutes
The Arkansas City Board of City Commissioners met in regular session on Tuesday May 6, 2014, at 5:30 p.m. in
the Commission Chambers at City Hall. Those present at roll call were Commissioners Dan Jurkovich, Jean Snell,
Charles Tweedy III, Jay Warren, and Mayor Chad Giles. Also present at roll call were City Manager Nick
Hernandez, Finance Director Kathy Cornwell, Public Works Director Eric Broce, Police Chief Dan Ward,
GIS/Planner Josh White, Management Assistant Deron Gamble, and City Clerk Lesley Shook.
Pastor Fry offered the opening prayer.
Mayor Giles led the pledge of allegiance.
Agenda Additions/Deletions and Approval
Commissioner Tweedy III moved to approve the agenda. Commissioner Jurkovich seconded the motion. Voice
vote was unanimous in favor of the motion. Mayor Giles declared the agenda approved.
Recognition of Visitors
Recognize Allison Anderson as the 2014 Outstanding Student Award Recipient. Allison was present to receive
the award.
Carl Davis , 1 Whipporwill Court, and representing the Ark City Tumbleweeds, addressed the commission
regarding rumors he’s heard in reference to the college taking control over the ag-building . Mayor Giles stated
it has been discussed but the commission is not moving forward at this time.
City Attorney Niles arrived at the meeting.
Dr. Mangen addressed the commission regarding chiropractic medical service/lab orders not being accepted at
the hospital. Commissioner Snell, who is the representative on the hospital board will discuss this at the next
hospital board meeting.
Bob Matthews, 900 N. D, addressed the commission regarding the college taking control over the ag-building.
He stated the south half of the building was not built by city funds but rather private funds. Mayor Giles again
stated it has been discussed but the commission is not moving forward at this time.
Awards and Proclamations
2013 AAA Traffic Safety Gold Award presented to the Arkansas City Police Department. Lt. Arnett was present
to receive the award on behalf of the Arkansas City Police Department.
Proclamation declaring May 4-10, 2014 as National Travel and Tourism Week in Arkansas City, Kansas.
Chamber Director Sydney Bland, and CVB Member and Marketing Representative with Best Western Plus
Tamara Humbolt were present to receive the proclamation.
Proclamation declaring May 11-17, 2014 as National Law Enforcement Week, and May 15, 2014 as Peace
Officers Memorial Day in Arkansas City, Kansas. Chief Ward was present to receive the proclamation.
Proclamation declaring May 5-9, 2014 as National Music Week in Arkansas City, Kansas. Sue Gregg and Sherry
Baxter were present to receive the proclamation.
May 6, 2014
Page 1
Consent Agenda
Motion by Commissioner Tweedy III and seconded by Commissioner Warren that the consent agenda be
approved, and to include the following items:
1. Approval of April 15, 2014 regular meeting minutes and April 22, 2014 special meeting minutes as
written.
2. Mayors Appointments:
 Jolynn Foster – Board of Zoning Appeals
 Gordon Fry – Planning Commission
 Ray Berry – Northwest Community Center Board
3. Authorize Mayor to sign the annual Statement of Assurance from the Kansas Department of Wildlife
and Parks on continuing use of Recreational Facilities funded by Land and Water Conservation Grant
funds.
Voice vote was unanimous in favor of the motion. Mayor Giles declared the consent agenda approved.
Old Business
Master Project Agreement
HD Supply Waterworks/
Sensus FlexNet Metering System
Resolution No. 2014-05-2900
City Clerk Shook presented for consideration a Resolution authorizing the City of Arkansas City to enter into a
Master Project Agreement with HD Supply Waterworks for an amount not to exceed $1,600,000 to be spent
over the next 3 years (3 project phases) to procure, install and implement the Sensus FlexNet Metering System.
Public Works Director Broce noted Shane Hughes from HD Supply Waterworks was in attendance for any
questions the commission had. He noted per commission direction staff went back to Sensus and HD Supply
Waterworks to ask for a flexible contract to allow meter replacements to occur over the next three years with
the ability to opt out for other financial obligations. Staff is requesting commission authorization to negotiate
with HD Supply Waterworks for a contract not to exceed $1,600,000 to be spend over the next three years to
replace all of the city’s aging water meters and install the infrastructure for the AMI system. City Attorney Niles
stated she reviewed the contract and noted a few areas require supplementation. She noted the changes were
minor, but overall a fair contract. Brandon Every, 19 Pin Oak, addressed the commission. Following discussion,
Commissioner Jurkovich moved to authorize the City of Arkansas City to enter into a Master Project Agreement
with HD Supply Waterworks for an amount not to exceed $1,600,000 to be spent over the next 3 years to
procure, install and implement the Sensus FlexNet Metering System pending final approval by City Attorney
Niles. Commissioner Tweedy III seconded the motion. Voice Vote was unanimous in favor of the motion.
Mayor Giles declared the resolution adopted and given Resolution No. 2014-05-2900.
New Business
Jet Airwerks/DeSoto Capital Management
Ad Valorem Taxation Exemption
Ordinance No. 2014-05-4357
City Clerk Shook presented for consideration first reading of an Ordinance exempting property owned by Jet
AirWerks, LLC and DeSoto Capital Management LLC from Ad Valorem Taxation for Economic Development
Purposes and repealing Ordinance No. 2013-05-4331. City Manager Hernandez noted this Ordinance has been
May 6, 2014
Page 2
amended multiple times to clarify language required by the Court of Tax Appeals to meet the original intent of
the legislation. City Attorney Niles noted Jet AirWerks has worked closely with COTA on this legislation to
ensure its approval. Following discussion, Commissioner Tweedy III moved to approve the ordinance exempting
property owned by Jet AirWerks, LLC and DeSoto Capital Management LLC from Ad Valorem Taxation for
Economic Development Purposes and repealing Ordinance No. 2013-05-4331. Commissioner Warren seconded
the motion. Roll call vote resulted in five ayes and no nays. Mayor Giles declared the ordinance adopted and
given Ordinance No. 2014-05-4357.
Interlocal Agreement
Consolidated Records Management System
City Clerk Shook presented for consideration first reading of an Ordinance authorizing the City of Arkansas City,
Kansas, in conjunction with Cowley County, Kansas and the City of Winfield, Kansas to enter into an Interlocal
Agreement for the Information Technology support related to the Consolidated Records Management System.
Chief Ward noted with approval of this agreement, the county has agreed to pay the initial software purchase
which will save the city approximately $57,000. The cost to the city will occur in the second year of this
agreement in the amount of $9,227 for maintenance and approximately $3,800 for infrastructure funding. City
Manager Hernandez noted this agreement has already been approved by the City of Winfield, and Cowley
County. Following discussion, Commissioner Snell moved to approve the Ordinance authorizing the City of
Arkansas City, Kansas, in conjunction with Cowley County, Kansas and the City of Winfield, Kansas to enter into
an Interlocal Agreement for the Information Technology support related to the Consolidated Records
Management System. Commissioner Warren seconded the motion. City Manager Hernandez stated this is an
unbudgeted item currently and will need to be included in the 2015 budget. Roll call vote resulted in five ayes
and no nays. Mayor Giles declared the ordinance adopted and given Ordinance No. 2014-05-4358.
Oil and Gas Lease
Gulf Exploration LLC
City Clerk Shook presented for consideration a Resolution Authorizing the City of Arkansas City to execute an Oil
and Gas Lease with Gulf Exploration LLC. City Manager Hernandez noted the city was approached by Gulf
Exploration LLC approximately 5 months ago in regards to an oil and gas lease for various city properties. City
staff identified 163 ½ acres within the city limits for potential oil and gas leases. The lease is for $300 per acre.
Pat Garrett and Al Salimonie with Gulf Exploration LLC were in attendance to answer any questions. Following
discussion, Commissioner Warren moved to approve the Resolution Authorizing the City of Arkansas City to
execute an Oil and Gas Lease with Gulf Exploration LLC. Commissioner Jurkovich seconded the motion. Voice
Vote resulted in four ayes and one nay, with Mayor Giles voting Nay. Mayor Giles declared the resolution
adopted and given Resolution No. 2014-05-2901.
Adopting Zoning and Subdivision Regulation
And Zoning Maps
City Clerk Shook presented for consideration first reading of an Ordinance Adopting Zoning and Subdivision
Regulations and Zoning Maps for the City of Arkansas City, Kansas; Repealing existing laws of the City and
Incorporating such Regulations and Map by Reference. GIS/Planner White stated in 2012 the city approved an
May 6, 2014
Page 3
agreement with Kaup Law Office to do the Comprehensive Plan and the Subdivision regulations. On March 4,
2014 the Comprehensive Plan was approved by the commission so the next step would be to adopt the Zoning
and Subdivision Regulations. The last major re-write for Zoning was in 1964 and in 1990 for the Subdivision
regulations. The planning Commission held a public hearing on April 14, 2014 to discuss the final revision for
proposal to the commission. GIS/Planner White discussed briefly each article in the Subdivision Regulations.
Dr. Scott Rogers, Planning Commission, noted there is no zoning outside the city limits. Following discussion,
Commissioner Warren moved to table until the next meeting. Mayor Giles seconded the motion. Mayor Giles
declared the motion passed.
Contract ASM Engineering Consultants
Skyline & 61st Road Improvements
City Clerk Shook presented for consideration a Resolution authorizing the City of Arkansas City to enter into a
contract agreement with ASM Engineering Consultants to provide engineering design, bidding and construction
phase services for the Skyline Road and 61st Road Improvements - Goff Industrial Park in the amount not to
exceed $269,960.00. Public Works Director Broce stated the city received 4 bids from qualified firms. After
review of the bids, city staff determined the proposal, scope, and project approach that best meets the city’s
needs was from ASM Engineering Consultants out of Andover Kansas. Ryan McCune from ASM gave a brief
history background of his company and was available to answer any questions. Mr. McCune noted they will be
partnering with Smith & Oakes for survey and inspection. Following discussion, Commissioner Warren moved to
authorizing the City of Arkansas City to enter into a contract agreement with ASM Engineering Consultants to
provide engineering design, bidding and construction phase services for the Skyline Road and 61st Road
Improvements - Goff Industrial Park in the amount not to exceed $269,960.00 with City Attorney Approval.
Commissioner Tweedy III seconded the motion. Voice Vote was unanimous in favor of the motion. Mayor Giles
declared the resolution adopted and given Resolution No. 2014-05-2902.
Layne Christensen Company Agreement
Well 7 and Well 9 Rehabilitation
City Clerk Shook presented for consideration a Resolution authorizing the City of Arkansas City to authorize
Layne Christensen Company to rehabilitate Well 7 and Well 9 in the amount not to exceed $49,143.08. Public
Work Director Broce noted that Well’s number 7 and 9 are not currently operational and are good candidates
for rehabilitation. Following discussion, Commissioner Snell moved to approve the Resolution authorizing the
City of Arkansas City to authorize Layne Christensen Company to rehabilitate Well 7 and Well 9 in the amount
not to exceed $49,143.08. Mayor Giles seconded the motion. Voice Vote was unanimous in favor of the
motion. Mayor Giles declared the resolution adopted and given Resolution No. 2014-05-2903.
Amending Compensation Plan
City Clerk Shook presented for consideration first reading of an Ordinance amending Ordinance No. 2013-124350 regarding the City’s Compensation Plan. City Manager Hernandez noted this is a housekeeping item for
reducing the pay range for the Assistant Public Works Director from a range 38 to a Range 32 which brings it
more in line with the organization structure. Following discussion, Commissioner Tweedy III moved to approve
the ordinance amending Ordinance No. 2013-12-4350 regarding the City’s Compensation Plan. Commissioner
May 6, 2014
Page 4
Jurkovich seconded the motion. Roll call vote resulted in five ayes and no nays. Mayor Giles declared the
ordinance adopted and given Ordinance No. 2014-05-4359.
Oil and Gas Lease
Thunder Resources, Inc.
c/o Range Resources-Midcontinent LLC
City Clerk Shook presented for consideration a resolution Authorizing the City of Arkansas City to execute Oil and
Gas Leases with Thunder Resources, Inc. c/o Range Resources-Midcontinent LLC for property owned by Strother
Field Commission. The location for this oil and gas lease is property east of Strother Field. Following discussion,
Commissioner Warren moved to approve the resolution Authorizing the City of Arkansas City to execute Oil and
Gas Leases with Thunder Resources, Inc. c/o Range Resources-Midcontinent LLC for property owned by Strother
Field Commission. Commissioner Tweedy III seconded the motion. Voice Vote was unanimous in favor of the
motion. Mayor Giles declared the resolution adopted and given Resolution No. 2014-05-2904.
City Manager Updates
Budget and Finance upcoming worksession date needs to be changed. Three date will be sent out for possible
meeting days.
Adjournment
Commissioner Warren moved to adjourn. Commissioner Tweedy III seconded the motion. Voice vote was
unanimous in favor of the motion. Mayor Giles declared the meeting adjourned.
THE ARKANSAS CITY
BOARD OF CITY COMMISSIONERS
_________________________
Chad Giles, Mayor
ATTEST:
____________________________
Lesley Shook, City Clerk
May 6, 2014
Page 5
Section IV Item 1
Date
05/20/2014
Details
Department/Division
Public Works
Staff Contact
Josh White
GIS/Planner
Consider second reading of an Ordinance Adopting Zoning and Subdivision
Regulations and Zoning Maps for the City of Arkansas City, Kansas; Repealing
existing laws of the City and Incorporating such Regulations and Map by
Reference. (Roll Call Vote)
Description
In 2012 the City Commission of the City of Arkansas City initiated and approved a proposal for
the preparation of a Comprehensive Plan and Future Land Use Maps as well as updating the
Zoning and Subdivision Regulations;
On March 4, 2014 the new Comprehensive Plan was adopted. The next step is to adopt new
updated Zoning and Subdivision Regulations. The zoning regulations last had a major rewrite in
1964 and many of the regulations have not been updated since. There have been a number of
revisions since then but no major changes and much of it is out of date with both common
language and state statutes. The subdivision regulations last had a major rewrite in 1990 with
minor changes since then as well.
The Planning Commission pursuant to state law has made recommendations for approval of
new zoning and subdivision regulations as well as a new zoning map and caused to be
published proper notices of time in the official city newspaper that a public hearing would be
held on the 14th day of April, 2014 for the purpose of considering these regulations and zoning
map;
At the meeting of the Planning Commission on April 14, 2014, duly held in accordance with
state law, upon proper motion and second a majority of the membership of the Planning
Commission recommended adoption of the zoning and subdivision regulations and zoning map
and have transmitted said recommendations to the Governing Body of the City of Arkansas
City.
Commission Options
1. Pass ordinance on second reading
2. Table for further consideration
3. Send back to Planning Commission for further review
Recommended by Staff 1 Advisory Board 1
Fiscal Impact:
Amount:
Fund:
Department:
Included in budget
Other (explain)
Expense Code:
Grant
Bonds
Part of contract with Kaup Law Office
SIGNATURE
ORDINANCE NO. 2014-05AN ORDINANCE ADOPTING ZONING AND SUBDIVISION REGULATIONS AND ZONING MAP FOR THE
CITY OF ARKANSAS CITY, KANSAS; REPEALING EXISTING LAWS OF THE CITY INCORPORATING SUCH
REGULATIONS AND MAP BY REFERENCE PURSUANT TO K.S.A. 12-741 et seq., K.S.A. 12-3009 et seq.
AND K.S.A. 12-3301 et seq. AND AMENDING MUNICIPAL CODE TO SO REFLECT.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:
Section 1. Legislative Findings. In 2012 the City Commission of Arkansas City initiated a proposal for
revision of the City’s Zoning and Subdivision Regulations and Zoning Map;
The Planning Commission pursuant to state law has made recommendations for approval of such
revisions and map and caused to be published proper notices in the official city newspaper that a
public hearing would be held on April 14, 2014 at the City Commission Chambers for the purpose of
considering such proposed regulations and proposed zoning map;
At the meeting of the Planning Commission on April 14, 2014, duly held in accordance with state law,
upon proper motion and seconded a majority of the membership of the Planning Commission
recommended adoption of new zoning and subdivision regulations and zoning map and have
transmitted said recommendations to the Governing Body of the City of Arkansas City; and
The Governing Body of the City has considered the recommendations of the Planning Commission
and examined the proceedings of the Planning Commission, and find them all in order and
conformity with City Laws and State Statutes.
Section 2. Repeal. Titles 17 and 18 of PART III-Land Development Code of the Municipal Code are
hereby repealed in full.
Section 3. Modification of Municipal Code
That PART III-Land Development Code of the Municipal Code is hereby amended by adding Title 17
Zoning and Subdivisions and creating a new Section 17-1 to read as follows:
Sec. 17-1. Adopted by reference.
(a)
The City of Arkansas City Zoning Regulations (hereafter “Zoning Regulations”) dated April,
2014, and its zoning map, are incorporated in their entirety by reference under the provisions of
K.S.A. 12-3009 et seq. and K.S.A. 12-3301 et seq., as amended, and made a part hereof as if fully set
forth herein.
(b)
The City of Arkansas City Subdivision Regulations (hereafter “Subdivision Regulations”) dated
April, 2014, is incorporated in its entirety by reference under the provisions of K.S.A. 12-3009 et seq.
and K.S.A. 12-3301 et seq., as amended, and made a part hereof as if fully set forth herein.
Section 4. Official Copy. At least one copy of the Zoning and Subdivision Regulations and copies of
the Zoning Map, marked “Official Copy as Incorporated by Reference by Ordinance No. _____” and to
which there shall be attached a published copy of this Ordinance, shall be filed with the City Clerk to
be open for inspection and available to the public at all business hours.
Section 5. Penalty. Pursuant to K.S.A. 12-761, the violation of any provision of the Zoning or
Subdivision Regulations shall be deemed a misdemeanor and any person, firm, association,
partnership or corporation convicted thereof shall be punished by a fine not to exceed $500 or by
imprisonment for not more than six months for each offense, or by both such fine and imprisonment,
and each day’s violation shall constitute a separate offense. The Governing Body shall further have
the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of
enforcing any provisions of these regulations and to abate nuisances maintained in violation thereof,
and, in addition to other remedies, institute injunction, mandamus, or other appropriate action or
proceeding to prevent unlawful construction, erection, reconstruction, alteration, conversion,
maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of any
building, structure or land. Such further authority shall encompass the provisions of Article 30
Enforcement, Violation and Penalty of the Zoning Regulations and Article 2, Section 2-2 Penalties for
Violations, Actions for Enforcement of the Subdivision Regulations.
Section 6. Severability. Any provision of this Ordinance which shall be declared invalid shall not
affect the validity and authority of any other provisions of this Ordinance.
Section 7. Effective Date. This Ordinance shall take effect and be in full force from and after its
adoption by the governing body of the City of Arkansas City and either (a) publication once in the
official newspaper of the City, or (b) publication of a summary of this Ordinance certified as legally
accurate and sufficient by the City Attorney.
ADOPTED BY THE GOVERNING BODY of the City of Arkansas City, Kansas, this 20th day of May, 2014.
_________________________
Chad Giles, Mayor
ATTEST:
_________________________
APPROVED AS TO FORM:
_____________________________________
Tamara L. Niles, City Attorney
CERTIFICATE
I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 201405-___ of the City of Arkansas City, Kansas adopted by the governing body on _________________,
2014 as the same appears of record in my office.
DATED: ________________________
____________________________
Lesley Shook, Clerk
_________________________________________
Kaup Law Office
214 SW 6th Avenue
Suite 306
Topeka, Kansas 66603
PHONE 785.235.1111
FAX 785.235.1141
kaup@kauplawoffice.com
AN OVERVIEW TO THE PROPOSED 2014 SUBDIVISION REGULATIONS
FOR THE CITY OF ARKANSAS CITY
February 13, 2014
Set out in the following pages are the general objectives the proposed 2014 subdivision
regulations are intended to further, and brief summaries of the more significant
proposals for changes to the current subdivision regulations. This memo is not intended
to be a comprehensive or detailed explanation of all proposed changes.
PROPOSED 2014 SUBDIVISION REGULATIONS
Subdivision regulations complement zoning regulations, but differ from them in that they
focus more on the specific details of land development rather than on the types of uses
being proposed. The subdivision regulatory process generally is implemented through a
requirement that subdivision plats be filed and approved before land may be subdivided
and sold, or building permits issued.
Subdivision regulations apply to the division of land into parcels. They govern the
division of a tract of land into two or more parcels, including blocks, lots, streets or other
rights-of-way. They set standards for the construction of public improvements, for the
manner and methods by which those improvements are installed and paid for, and for
the dedication and acceptance of rights-of-way, easements and public improvements.
The division and development of land has a significant and lasting impact upon the
physical environment. Development places demands upon public facilities and services.
Creating new streets and utility systems require significant public and private capital
investment. Failure to properly size and construct sewers and streets, ensure adequate
water supplies, manage stormwater runoff and erosion, and to thoughtfully plan for
public services results in physical and environmental problems which are wasteful of
natural resources and public funds.
ARTICLE 1
There are a number of new “purposes” identified for subdivision regulations (Sec. 1-2).
Several of those relate specifically to land reservation and dedication. Note the
exemptions from the subdivision regulations, especially for land divisions where lots are
all 10 acres or more, and lot splits (Sec. 1-7).
1
ARTICLE 2
This Article proposes new language for appealing city engineer and zoning administrator
decisions regarding subdivision regulations (Sec. 2-1).
The Article includes language stating that there will be no issuance of building permits
unless the subdivision regulations are complied with (Sec. 2-3).
A Utilities Advisory Committee is created (Secs. 2-6, 2-7). The purpose and operation of
that Committee are addressed in other articles.
ARTICLE 3
A large number of new and revised definitions are recommended. As examples, note:
frontage, impact fee, exactions, performance bonds, right-of-way, stormwater
management and drainage.
ARTICLE 4
This Article sets out the standards for the design of subdivisions. It covers those topics
covered now by Chapter 17.12 Minimum Design Requirements.
Current provisions for "Acreage Subdivisions" (17.12.010) are at 4-106. Block standards
(17.12.100) are at 4-201, street standards (17.12.020:090) are at 4-301 and lot
standards (17.12.110) are at 4-401.
Easements (17.12.150:160) are set out at 4-501.
Note draft Sections 4-6 Design Techniques, 4-7 Access Control and 4-8 Land Subject to
Flooding.
At 4-901 are the provisions the City now has for Building Lines (17.12.120).
ARTICLE 5
This Article proposes a modest start toward establishing dedication and exaction
requirements of developers. It provides for, but does not mandate, parkland dedications
or fees in lieu of up to 8% of the fair market value of the subdivided land. It is
understood that any
regulations that allow for dedications/exactions may be
controversial. Consequently, there is an emphasis placed on the non-mandatory
imposition of contributions, including the requirement of a finding by the Governing Body
as to why and how the dedication or payment is necessary to the community.
ARTICLE 6
This Article provides requirements for, and procedures for consideration and action
upon: (1) minor plats (section 6-2); (2) preliminary plats (section 6-3), and (3) final plats
(section 6-4). A procedure for administrative action/approval for certain small-lot plats
and replats is proposed (Sec. 6-5).
ARTICLE 7
This Article provides regulations on required improvements, specifically relating to
streets, sidewalks, storm drainage, monuments, street trees and streetlights, and
general language relating to the provision of utilities. It also provides for a waiver
2
mechanism by action of the Governing Body. While reworded, an attempt was made to
maintain the same basic public improvement requirements as under Chapter 17.16 of
the current subdivisions regulations, e.g., sidewalks (17.16.040).
ARTICLE 8
Provisions for the approval and construction of public improvements are set out in this
Article. There are detailed provisions for the content of engineering drawings (Sec. 8-4)
and the staff and Planning Commission review and approval of the engineering drawings
for final plats (Sec. 8-5:6). The Article also deals with the observation and inspection of
the construction of public improvements (Sec. 8-7:10) and acceptance of those
improvements by the City Commission (Sec. 8-11:12).
ARTICLE 9
The acceptable alternatives for developers to guarantee the construction of public
improvements set out in the subdivision plat are in this Article. Generally, improvements
are constructed or installed either prior to the recording of the final plat or are
guaranteed by bonds, cashier's checks, letters of credit or other surety acceptable to the
City, or by submission of a benefit district petition (Sec. 9-1). Under certain conditions
the City Commission can also require developers to construct and install off-site public
improvements, such as intersections, parks and water, sewer and drainage
infrastructure (Sec. 9-2).
ARTICLE 10
This Article provides for "rule exceptions" from the subdivision regulations. These
exceptions, under this draft, are recommended by the Planning Commission for final
action by the City Commission. The purpose here is to provide for expediency and
fairness to applicants. It would replace current Chap. 17.32
ARTICLE 11
Lot split provisions are set out in this Article. They would take the place of Chap.
17.12.200.
ARTICLE 12
Vacation of plats, rights-of-way, easements and so forth are to receive a Planning
Commission recommendation, with final action by the City Commission (Sec. 12-1).
Procedures for vacation of unrecorded plats (Sec. 12-2), of streets, plats and easements
(Sec. 12-4) and correction of plat errors (12-3) are also included in this Article.
ARTICLE 13
Site Plan approval is another new feature of the proposed regulations. The public policy
and interest rationale for site plan review is set out at Section 13-1. The development
that is subject to site plan approval is identified at Section 13-2. Development standards
are found at 13-7.
3
_________________________________________
Kaup Law Office
214 SW 6th Avenue
Suite 306
Topeka, Kansas 66603
PHONE 785.235.1111
FAX 785.235.1141
kaup@kauplawoffice.com
AN OVERVIEW TO THE PROPOSED 2014 ZONING REGULATIONS FOR THE
CITY OF ARKANSAS CITY
February 13, 2014
Set out in the following pages are the general objectives the proposed 2014 zoning
regulations are intended to further, and brief summaries of the more significant
proposals for changes to the current zoning regulations. This memo is not intended to
be a comprehensive or detailed explanation of all proposed changes.
GENERAL OBJECTIVES
Set out below are the general objectives identified during the course of revising the
Arkansas City Zoning Regulations. The overriding objective is to develop thoughtful
zoning regulations which promote legitimate interests of the community, and are
respectful of the rights of owners of private property. The objectives are organized by
major land use category (residential, commercial…). Other objectives relating to
procedural aspects of the regulations are identified under “format” and “miscellaneous.”
RESIDENTIAL:
1.
Adopt regulations which promote residential infill development and carefully
accommodate manufactured housing.
2.
Adopt regulations which encourage residential uses, with appropriate restrictions,
in the central business district.
3.
Update regulations affecting group homes to reflect current state and federal law.
4.
Avoid regulations that unnecessarily drive up the cost of housing.
5.
Adopt proper design standards and aesthetic standards for manufactured
housing.
6.
Create an overlay zoning classification designed for housing for senior citizens.
7.
Create an overlay zoning classification designed to encourage construction of
affordable housing.
1
8.
Create an overlay zoning classification intended primarily for historic preservation
of residential neighborhoods.
INDUSTRIAL:
1.
Reduce the current three industrial classifications to two zoning districts: light
and heavy.
2.
Identify the appropriate amount of property which should be classified as
industrial, and take proper steps to see it is located at the most appropriate
areas.
COMMERCIAL:
1.
Adopt regulations that adequately accommodate large-scale commercial
developments.
2.
Adopt regulations which do not detract from the downtown being a retail and
office center, and which promote commercial redevelopment downtown.
3.
Create a mixed-use zoning classification where certain commercial development
can occur alongside residential uses.
FORMAT:
1.
Revise the existing administrative procedures and district regulations to make
them as user-friendly (e.g., "plain English") as possible.
2.
Supplemental regulation provisions should be incorporated within each zoning
district regulation, to the extent possible. For example, within each zoning
district, following the list of permitted uses, provisions relating to conditional uses,
temporary uses and accessory uses should be set forth. This helps make the
regulations more readable and organized and in a more logical fashion for the
public and landowners.
MISCELLANEOUS:
1.
The current nonconforming use provisions should be revised to reflect Kansas
law on this subject.
2.
Telecommunications tower regulations, with language requiring co-location, are
proposed.
3.
Wind energy generation is proposed to be allowed within certain zoning districts.
4.
Maintain, and simplify where possible, the platting process for minor
subdivisions.
5.
Simplify where possible the City's sign regulations
2
II.
PROPOSED 2014 ZONING REGULATIONS
Zoning separates incompatible land uses by delineating zoning districts on a map and
describing uses that are or may be permitted in each district. Zoning allows a
community to plan where it wishes to encourage certain land uses so that the
appropriate public infrastructure may be provided in a cost-effective manner, and to
preserve the assets or the character of a neighborhood, area or community.
GENERAL OBSERVATIONS
1.
Several of the current zoning districts are proposed to be eliminated. Among the
commercial districts, the current RO District is most similar to the proposed C-1,
and current B-1 most resembles the proposed C-2 District. The current district
for general commercial, B-2, would become C-3, and current B-3 becomes C-4
for the downtown area. As for residential districts, the current residential districts
(R-1, R-2, R-2Z, R-3, R-4 and RO) and the M-P mobile home district are
proposed to be revamped using a simplified system of low-, medium- and highdensity housing (R-1, R-2 and R-3). The objective of this change, in short, is to
create significant residential development opportunities for property owners, and
continue the current regulations' flexible pattern of residential development.
2.
This proposal calls for the addition of four new zoning districts: Mixed Use
District, Manufactured Home Subdivision District, Countryside District and
Public District. Five new overlay districts are proposed: College District,
Planned Unit Development District, Historic Conservation District, Elderly
Housing District, and Housing Opportunity District.
3.
Each article containing district regulations has been reformatted to make it more
“user friendly”. The approach followed has basically been to try to include as
much information as possible about each district within the confines of the
particular article for that district – to help reduce the need to flip through the
regulations to find answers to questions about the district that the reader is
interested in. A new page-numbering system and more visible Article and Section
headings should also aid the public in using these regulations.
4.
An important and substantive change to the regulations is to limit the Board of
Zoning Appeals’ authority to only those powers recognized under state law, i.e.,
to grant variances and exceptions, and to hear appeals from decisions of the
Zoning Administrator.
ARTICLE 1
Quite a bit of the current language in the City's Regulations has been retained here,
including purpose (1-2), jurisdiction (1-4), and compliance/permits/certificates (1-6).
Present wording for conflict provisions (1-8) and transitional provisions (1-9) is also
carried forward. These are primarily what are referred to as “boilerplate” provisions, and
deal with the purpose of the regulations and the land area to which they apply.
3
ARTICLE 2
The definition section contains a large number of new terms. Some deletions have been
made from the current list of definitions, usually to remove archaic terms.
For example:
Day Care Facilities – The term “Day Care Facilities” provides new definitions for adult
day care home, child care center, day care home, family day care home, group day care
home and preschools. The emphasis has been upon making these terms as compatible
as possible with definitions used by the state for licensing and registration purposes.
Family – Amended, generally to recognize as a “family” any group of up to four
unrelated persons living together as a household unit.
ARTICLE 3
This Article shows at a glance how the proposed changes take the regulations from its
current 16 districts to 15 districts, plus six overlay districts (3-1). The zoning map is
incorporated into the regulations (3-2), and the rule for zoning of annexed land is set out
(3-3).
ARTICLE 4
Statements explaining purpose or intent have been developed for each of the proposed
zoning districts and overlay districts. This Article provides the public, and property
owners, with an overview to the regulatory approach the City is taking.
ARTICLE 5
A revised Agricultural (A) District is proposed. Permitted and conditional uses are fairly
restricted, with only a few non-agricultural uses allowed. The only residential use, other
than farmhouses, is single-family residential development, with no more than one
dwelling per 20 acres.
ARTICLE 6
This Article sets out most of the regulations pertaining to the proposed three residential
districts: Low Density (R-1) Residential, Medium Density (R-2) Residential and High
Density (R-3) Residential. The permitted residential use in Low-Density is single-family
housing, with duplexes as conditional uses. In the Medium-Density District one- and
two-family housing is permitted, with three-plus family housing allowed as a conditional
use. High Density District regulations allow all types of housing, from single-family to
apartment houses.
In short, the proposed residential district regulations allow
considerable development opportunities for property owners, although residential use is
not entirely cumulative as is the case in the City's current regulations.
The differences among the R-1, R-2 and R-3 Districts, with respect to allowed residential
uses, will be set out in a table of uses, Table 6-1. As for non-residential uses permitted
under Table 6-1, there is considerable consistency among the three zoning districts.
4
The proposed changes make the City’s regulation of group living arrangements
consistent with state group homes law and the Federal Fair Housing Act and in
compliance with the prohibitions in those laws against discrimination on the basis of
mental or physical disabilities and familial status.
Bed and Breakfast – Permitted in R-3 if have nine or fewer sleeping rooms, and as a
conditional use in R-3 if ten or more sleeping rooms.
Group Homes – This term covers those group homes which are declared to be single
family uses by state law (i.e., group homes having no more than ten residents, including
up to eight persons with disabilities and up to two staff). Group homes are permitted
uses in R-1, R-2 and R-3, as required by state law.
Large Group Homes – Permitted in R-3 if fewer than 20 total persons with disabilities
and staff. Large group homes of more than 20 persons are allowed in R-3 as conditional
uses. Also a large group home would be allowed as a conditional use in the R-2 District.
Day Care Facilities – Permitted in R-3 as a permitted or conditional use, depending on
size. Permitted in R-1 and R-2 if having no more than 12 children or adults.
Safe House – Allowed as a permitted use in R-1, R-2 and R-3.
Group Boarding Home for Minors – In R-3 homes of up to 20 residents, including
staff, are permitted uses, and homes above 20 are conditional uses.
Rehabilitation House – Permitted in R-3 as a conditional use if at least 500 sq. ft. of lot
area per occupant more than 20 persons. Allowed in R-2 as a conditional use.
Schools – Elementary schools are permitted uses in R-1, R-2 and R-3. Secondary
schools are permitted in R-2 and R-3, but are a conditional use in R-1. Post-secondary
schools are permitted in R-3 and conditional in R-1 and R-2.
Churches – Permitted uses in R-2 and R-3, and conditional in R-1.
ARTICLE 7
The proposed Countryside District takes the place of the current A-L Light Agricultural
District. It is intended for use in largely undeveloped areas that would support so-called
“cluster development” – a variation of the standard residential subdivision that
accommodates preservation of environmentally significant or sensitive lands and setting
aside of open space. If the City elects to zone its Growth Area, large portions of it are
likely to be Countryside.
ARTICLE 8
The City’s current regulations do not provide a zoning classification for public use land
and buildings. This Public (P) District would be applied to uses such as city hall,
schools and parkland. This classification becomes an alternative to public uses being
either permitted or conditional uses in residential, commercial and industrial districts.
5
ARTICLES 9:10
The commercial zoning district regulations that are proposed are: Office and Service
Business District (C-1), Restricted Commercial District (C-2), General Commercial
District (C-3) and Central Business District (C-4).
The lengthy listings of uses for each commercial district under the current regulations
are brought down to a more manageable, more understandable size by using broader
terminology. It is not the intent of this rewriting to eliminate any use now allowed under
the current zoning regulations.
A quick comparison between the current commercial districts and the proposed districts
shows: current RO and B-1 allow a few residential and many commercial uses. The
proposed C-1 Office and Service Business District would substitute in part for current
RO, as well as for part of current B-1, allowing some of the same uses, and a number of
new commercial uses which are compatible to adjoining residential uses. See also
Article 18, Mixed Use, which involves many of the same uses.
The balance of current RO-Residence District, which allows certain offices, at
neighborhood intensities, and the B-1 Neighborhood Business District, are replaced by
the C-2 Restricted Commercial District.
Current B-2 General Business is similar to the proposed C-3 General Commercial.
Both are designed for retail sales and services located outside the central business
district and having an intensity greater than that suited for neighborhood shopping areas.
The current B-3 CBD would be replaced by the C-4 Central Business District which is
dealt with in both Articles 9 and 10. The uses, and development standards, would be
less restrictive than they are currently.
Trailer parks are regulated as a C-3 commercial use at Sec. 9-11.
ARTICLE 11
This Article provides for subdivisions designed for manufactured homes. The Article
also allows for site-built housing within the same district.
ARTICLE 12
This proposed new overlay residential district, the Elderly Housing Overlay District,
provides incentives to developers to construct detached single-family housing for senior
citizens. Lot area, yard requirements, etc. are lessened for the purpose of promoting
such housing. The incentives are modest but may encourage development that was
noted in the 2013 (and earlier) Comprehensive Plan as being needed.
ARTICLE 13
This Manufactured Home Park District takes the place of current MP, Mobile Home
Park District. It allows only manufactured housing, not mobile homes, that is placed on
rental pads and not placed on permanent foundations. Significant requirements are
proposed for existing as well as new parks.
6
ARTICLE 14
This proposed overlay district, Housing Opportunity (HO-O), can be applied to any R-1
or R-2 zoned property. It allows for higher density development, intended to achieve
lower cost housing.
Other development incentives are provided to encourage
construction of affordable housing.
ARTICLE 15
The draft industrial zoning regulations provide for Light (I-1) and Heavy (I-2) Industrial
Districts. The draft uses broader terminology regarding allowed uses than in the
current I-1, I-2 and I-3 Districts, and thereby shortens the current extensive listing of
uses.
ARTICLE 16
The Planned Unit Development (PUD) regulations for this overlay district are intended
to give considerable flexibility to property owners, to encourage innovation with respect
to type, design and layout of buildings. It is applicable to residential, commercial and
industrial districts. The City's Community Unit Plan regulations, by comparison, appears
limited to residential uses.
ARTICLE 17
The College Overlay District is a new overlay district for property within the R-3 District
or P District. Its purpose is to encourage and accommodate master development plans
prepared by Cowley College and approved by the City.
ARTICLE 18
This proposed new district, Mixed Use (MU), will allow for a number of potential
residential-commercial mixes, all subject to approved design standards. This district is
most likely best-suited for current RO and B-1 district properties as well as other areas
which have had both residential and low-intensity commercial uses co-exist successfully
side-by-side. In a nutshell, property zoned MU can be used for any land use permitted
in the proposed R-2, R-3, C-1 or C-2 districts. Conditional uses in those same four
districts would also be conditional uses allowed in the MU district.
ARTICLE 19
This Article would allow domestic wind energy conversion systems as accessory uses in
the A, CS, P, I-1, and I-2 districts. Certain height and buffer standards are set out.
ARTICLE 20
A number of special rules applicable to some or all zoning districts are set out in this
Article. Certain height exceptions and front, side and rear yard requirements are found
here (20-2). There is also a set of rules for buffering residential areas from commercial
and industrial uses (20-5). Accessory uses are identified (20-7:8), and special rules
relating to fences and residential-design manufactured homes are set out (20-9, 20-10).
7
This Article incorporates much of current 18.12.180 (accessory buildings and fencing)
and 18.12.190 (front yards), 18.12.200 (side yards) and 18.12.220 (corner visibility).
Finally, home occupation regulations are provided, including a non-exclusive listing of
permitted home occupations, as well as a listing of prohibited home occupations (20-12).
ARTICLE 21
The rules pertaining to non-conforming uses, lots and structures have been
extensively revised to make them as precise as possible. This Article is essential to an
understanding as to when and how new regulations can be made applicable to existing
uses and existing lots. One section deals specifically with nonconforming manufactured
houses (21-5).
ARTICLE 22
New parking space and loading regulations will affect new commercial and residential
construction and replace the numerous current sections that are found at 18.12.060,
18.12.100 and elsewhere.
ARTICLE 23
This Article contains most of the regulations relating to permitting, erecting and
maintaining telecommunication towers. This is a subject upon which the City’s ability
to regulate has been limited by federal law.
ARTICLE 24
The objective of the Historic Conservation Overlay District (HC-O) is to encourage
property owners of historic commercial buildings and homes in historic neighborhoods to
request this special zoning designation and thereby trigger certain development and
design standards to guide new construction and redevelopment within the district.
ARTICLE 25
This Article sets out the powers and duties of the Board of Zoning Appeals. The
provisions limit the BZA’s powers to those set out specifically under Kansas law –
specifically, the authority to hear and decide appeals, and to grant or deny variances and
exceptions. Provision is made for an administrative variance (25-11).
ARTICLE 26
This Article governing procedures for amending the zoning regulations and zoning
map makes many important changes to the current regulations. It provides considerable
new detail as to the procedures to be followed by the Planning Commission and
Governing Body when handling rezoning applications and applications for conditional
use permits.
This Article also provides a detailed explanation of the factors to be considered by the
Planning Commission and Governing Body during a rezoning, and also consideration of
a similar set of factors for conditional use permits.
8
ARTICLE 27
Sign regulations are currently found in each of the zoning districts. New requirements
and limitations are proposed and attention paid to administrative process to ensure
understanding and proper application of regulations on the location, maintenance and
removal of signs.
ARTICLE 28
The City's 2010 Floodplain Management Ordinance is incorporated by reference in this
Article.
ARTICLE 29
(Reserved for Future Use)
ARTICLE 30
This Article on enforcement of the zoning regulations replaces portions of current
18.84.230 and 18.84.240.
9
Section V Item 1
Date
05/06/2014
Department/Division
City Attorney
Staff Contact
Tamara Niles
Consider first reading of an Ordinance repealing Ordinance No. 91-12-3554
and replacing those provisions regarding Municipal Court. (Roll Call Vote)
Details
Description
On December 17, 1991, the commission passed Ordinance No. 91-12-3554 requiring municipal
court to be held at least 4 times per month. As stated in the Municipal Court Judge NM
Iverson's contract he is allowed to miss up to 4 court dates per contract year thus requiring the
city to hire and compensate a Judge Pro Tem.
This Ordinance will allow the need to not hire a Judge Pro Tem in Judge Iversons absence.
Court will not take place on the days the Judge is absent and all court cases will be heard the
following Tuesday.
Commission Options
1. Approve the Ordinance on first reading
2. Table the Ordinance for second reading
Fiscal Impact:
Amount:
Fund:
Department:
Included in budget
Expense Code:
Grant
Other (explain)
SIGNATURE
Bonds
(First Published in the Arkansas City Traveler, ___________________ 2014)
ORDINANCE NO. 2014-05
AN ORDINANCE REPEALING ORDINANCE NO. 91-12-3554 AND REPLACING THOSE PROVISION
REGARDING MUNICIPAL COURT.
WHEREAS, on the 17th day of December, 1991, the Governing Body adopted Ordinance No. 91-123554 requiring the Municipal Court Judge to hold court at least four times per month.
WHEREAS, the Governing Body desires to repeal that Ordinance.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:
Section 1. Repeal.
The Governing Body hereby repeals all provisions of Ordinance No. 91-12-3554.
Section 2. New Language
The Board of City Commissions shall provide a suitable room for Municipal Court, and the Municipal
Court Judge shall hold court in such room on those dates and times established by the judge.
Section 2: Effective Date
This Ordinance shall take effect and be in full force from and after its adoption by the governing body
of the City of Arkansas City and either (a) publication once in the official newspaper of the City, or (b)
publication of a summary of this Ordinance certified as legally accurate and sufficient by the City
Attorney.
PASSED AND ORDAINED by the Governing Body of the City of Arkansas City this 20th day of May,
2014.
_________________________________
Chad Giles, Mayor
ATTEST:
_________________________________
Lesley Shook, Clerk
APPROVED AS TO FORM.
_________________________________
Tamara Niles, City Attorney
CERTIFICATE
I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance
No.2011-06-4278 of the City of Arkansas City, Kansas adopted by the governing body on June 21, 2011
as the same appears of record in my office.
DATED: _________________
Lesley Shook, Clerk
Section V Item 2
Date
05/20/2014
Department/Division
Public Works
Staff Contact
Eric Broce, Director
Consider Resolution authorizing the City of Arkansas City to enter into a
contract with Mies Construction Company for Waterline Replacement Projects
- 2014
Details
Description
Bids were received and reviewed at 2:00 PM May 15, 2014. Two bids were received. The low
base bid was received from Mies Construction Company in the amount of $631,450.00 which is
well below the Engineer's Estimate. An "Add Alternate" bid in the amount of $84,545.00 was
submitted to relocate the 16" waterline adjacent to Kan Pak to facilitate proposed building
expansion. Per agreement between the City and Kan Pak dated April 1, 2014, Kan Pak will
reimburse the City for all costs incurred for design, construction and inspection of the
relocation.
Commission Options
1) Approve Base Bid in the amount of $631,450.00
2) Approve Base Bid plus Add Alternate Bid in the amount of $715,995.00 with the Add
Alternate Bid amount of 84,545.00 to be reimbursed to the City by Kan Pak.
3) Not Approve
4) Table
Recommended by Staff 2
Advisory Board
Fiscal Impact:
Amount: $631,450.00 (City) + $84,545.00 (Kan Pak) = $715,995.00
Fund: 16
Department: 653
Included in budget
Other (explain)
Expense Code: 6212
Grant
Kan Pak reimbursement.
SIGNATURE
Bonds
RESOLUTION NO. 2014-05
RESOLUTION AUTHORIZING THE CITY OF ARKANSAS CITY TO ENTER INTO A CONTRACT WITH MIES
CONSTRUCTION COMPANY FOR WATERLINE REPLACEMENT PROJECTS 2014.
WHEREAS, the governing body of the City of Arkansas City, Kansas (the “City) has considered the
need to replace multiple water lines within the City (the “Project) in order to provide clean, potable
water to several areas; and
WHEREAS, the City desires to retain Mies Construction Company for the Project.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:
SECTION ONE: The Governing Body hereby authorizes the City to execute an Agreement with Mies
Construction Company to complete Project No. WL-P-13-001, replacing waterlines, in an amount not
to exceed $_____________. Such Agreement is attached hereto and incorporated by reference as if
fully set forth herein.
SECTION TWO: The Mayor, City Clerk, and/or City Administration are hereby authorized and directed
to execute any and all documents necessary to consummate the legislative purposes and intents as
expressed in this Legislative Enactment, and, if executed by the Mayor (or other person authorized by
law to act in the event of the absence or inability of the Mayor to act), the City Clerk is directed to
attest to and affix the official seal of the City thereon; the City Manager shall act as the official
representative of the City for this and all subsequent related activities.
ADOPTED AND APPROVED by the Governing Body of the Arkansas City, Kansas, on May 20, 2014.
(Seal)
Chad Giles, Mayor
ATTEST:
APPROVED AS TO FORM
CERTIFICATE
I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 201405-______ of the City of Arkansas City, Kansas adopted by the Governing Body on May 20, 2014 as the
same appears of record in my office.
DATED: _____________________.
________________________
May 15, 2014
City of Arkansas City
City Hall
118 W. Central
P.O. Box 778
Arkansas City, Kansas 67005
Attention:
Nick Hernandez
City Manager
Reference:
Waterline Replacement Projects - 2014
(West Cedar Ave., South C St., South B St., West Oklahoma Ave., & Circle Dr.)
Smith & Oakes, Inc. Project No. 33-085
Dear Mr. Hernandez:
We have reviewed the bids received at 2:00 p.m. on May 15, 2014 at City Hall, City of Arkansas City for
the above referenced project. Two (2) bids were submitted from separate Contractors on this project, and
all of the bidders meet the minimum requirements that were established for the project in the project
specifications.
The low base bid for the waterline project is $715,995.00, which was received from Mies Construction,
Inc. The Engineer's estimate for the above referenced project was $846,410.00. This Contractor meets
all the minimum requirements as established in the project specifications regarding the construction
experience and contract assurances, the bid amount is below the Engineer's estimate, and references for
this Contractor are favorable.
We recommend that the City of Arkansas City award the above referenced project to Mies Construction,
Inc.
If acceptable, please sign and return the attached 3 copies of the Notice of Award.
If there are any questions or comments, please notify.
Respectfully Submitted,
SMITH AND OAKES, INC
Chris A. Meinen, L.S.
Encl: As noted
Cc:
File
34021 KDHE letter.doc
SECTION 00490 – NOTICE OF AWARD
TO:
Mies Construction Company
1919 Southwest Blvd.
Wichita, Kansas 67213
SMITH & OAKES, INC. PROJECT NO.: 33-085
DESCRIPTION: Waterline Replacement Projects - 2014
(West Cedar Ave., South C St., South B St., West Oklahoma Ave., & Circle Dr.)
The OWNER has considered the BID submitted by you for the above described WORK in
response to its ADVERTISEMENT FOR BIDS dated April 22, 2014 and INFORMATION FOR
BIDDERS.
You are hereby NOTIFIED that your BID has been ACCEPTED for items in the amount of:
$ Seven Hundred Fifteen Thousand Nine Hundred Ninety Five Dollars and Zero Cents.
($ 715,995.00).
You are required by the INFORMATION FOR BIDDERS to execute the AGREEMENT and
furnish the required CONTRACTOR’S PERFORMANCE BOND, PAYMENT BOND, STATUTORY
BOND and CERTIFICATES OF INSURANCE within 15 calendar days from the date of this
NOTICE to you.
If you fail to execute said AGREEMENT and to furnish said BONDS within 15 days from the
date of this NOTICE, said OWNER will be entitled to consider all your rights arising out of
the OWNER’S acceptance of your BID as abandoned and as a forfeiture of your BID BOND.
The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this
20th
day of
May, 2014
.
CITY OF ARKANSAS CITY
By:
Nickolaus Hernandez
Title:
City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
By
Mies Construction Company
this the
day of
By
SECTION00490–NOTICEOFAWARD
, 2014
Title
Page1
Smith & Oakes, Inc.
Civil Engineering / Land Surveying
107 North Summit
Arkansas City, Kansas 67005
Phone (620) 442-4756
ARKANSAS CITY, KS
Waterline Replacement Projects - 2014
W. Cedar Ave., S. C St., S. B St., W. Oklahoma, & Circle Dr.
PROJECT NO. 33-085
BID DATE / TIME:
BID TABULATION
May 15, 2014 @ 2:00 P.M.
ENGINEER'S ESTIMATE
ITEM
NO.
DESCRIPTION
WATERLINE NO. 1
4" DI CL Waterline
1
8" Waterline
2
8" RJ Waterline by Directional Drill
3
24" x 8" Tapping Sleeve & Valve
4
8" Valve Assembly
5
6" Valve Assembly
6
4" Valve Assembly
7
Connect to Existing Water Main
8
Fire Hydrant Assembly
9
Water Service Connection (Short)
10
Water Service Connection (Long)
11
Concrete Encasement on 8" Sanitary Sewer
12
Remove & Replace Gravel Drive
13
Remove & Replace Brick Pavement
14
Remove & Replace Concrete Sidewalk
15
Remove & Replace Asphalt Pavement
16
Wheelchair Ramps
17
Erosion Control
18
Site Clearing & Restoration
19
QUANTITY
UNIT
20
146
282
1
2
2
2
3
2
3
1
20
20
61
8
9
3
1
1
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
LF
LF
LF
LF
LF
EA
LS
LS
ENGINEER'S ESTIMATE
UNIT PRICE
COST
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
60.00
42.00
70.00
4,800.00
1,600.00
1,200.00
900.00
2,000.00
2,800.00
1,000.00
1,750.00
110.00
30.00
65.00
22.00
110.00
1,250.00
1,800.00
10,000.00
SUBTOTAL
WATERLINE NO. 2
4" DI CL Waterline
20
6"DI CL Waterline
21
8"DI CL Waterline
22
8" Waterline
23
24
8" Valve Assembly
25
6" Valve Assembly
26
4" Valve Assembly
27
28
29
30
31
Remove & Replace Concrete Drive
32
33
34
35
Wheelchair Ramps
36
Erosion Control
37
38
42
13
21
1,170
106
3
2
2
4
4
19
17
116
22
60
66
9
1
1
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
LF
LF
LF
LF
EA
LS
LS
5
1,125
247
5
2
3
4
20
20
33
13
577
16
11
1
1
LF
LF
LF
EA
EA
EA
EA
EA
EA
LF
LF
LF
LF
EA
LS
LS
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
60.00
70.00
75.00
42.00
70.00
1,600.00
1,200.00
900.00
2,000.00
2,800.00
1,000.00
1,750.00
45.00
65.00
22.00
110.00
1,250.00
2,500.00
22,500.00
1,138
132
3
2
2
16
11
193
11
40
1
1
LF
LF
EA
EA
EA
EA
EA
LF
LF
LF
LS
LS
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
320
676
8
2
3
4
10
52
1
1
LF
LF
EA
EA
EA
EA
EA
LF
LS
LS
$
$
$
$
$
$
$
$
$
$
$
$
LF
LF
EA
EA
EA
LF
LS
LS
SUBTOTAL
TOTAL BASE BID + ADD ALTERNATE AMOUNT
$375.00
$47,250.00
$17,290.00
$8,000.00
$2,400.00
$6,000.00
$11,200.00
$20,000.00
$35,000.00
$1,485.00
$845.00
$12,694.00
$1,760.00
$13,750.00
$2,500.00
$22,500.00
42.00
70.00
1,600.00
2,000.00
2,800.00
1,000.00
1,750.00
45.00
22.00
110.00
2,500.00
19,000.00
$47,796.00
$9,240.00
$4,800.00
$4,000.00
$5,600.00
$16,000.00
$19,250.00
$8,685.00
$242.00
$4,400.00
$2,500.00
$19,000.00
$
$
$
$
$
$
$
$
$
$
42.00
70.00
1,600.00
900.00
2,000.00
2,800.00
2,250.00
110.00
2,000.00
17,000.00
$13,440.00
$47,320.00
$12,800.00
$1,800.00
$6,000.00
$11,200.00
$22,500.00
$5,720.00
$2,000.00
$17,000.00
$
$
$
$
$
$
$
$
80.00
65.00
3,000.00
2,000.00
2,800.00
30.00
1,500.00
7,500.00
$2,520.00
$845.00
$1,470.00
$58,500.00
$6,360.00
$3,600.00
$2,000.00
$1,800.00
$6,000.00
$12,000.00
$10,450.00
$13,600.00
$6,380.00
$2,530.00
$2,100.00
$4,950.00
$8,100.00
$100.00
$13,500.00
$70.00
$50.00
$60.00
$1,200.00
$1,000.00
$1,500.00
$3,000.00
$550.00
$800.00
$55.00
$115.00
$35.00
$75.00
$900.00
$100.00
$12,000.00
$350.00
$56,250.00
$14,820.00
$6,000.00
$2,000.00
$4,500.00
$12,000.00
$11,000.00
$16,000.00
$1,815.00
$1,495.00
$20,195.00
$1,200.00
$9,900.00
$100.00
$12,000.00
$50.00
$60.00
$1,200.00
$1,500.00
$3,000.00
$550.00
$800.00
$55.00
$35.00
$75.00
$100.00
$22,500.00
$56,900.00
$7,920.00
$3,600.00
$3,000.00
$6,000.00
$8,800.00
$8,800.00
$10,615.00
$385.00
$3,000.00
$100.00
$22,500.00
$50.00
$60.00
$1,200.00
$900.00
$1,500.00
$3,000.00
$800.00
$75.00
$100.00
$6,250.00
$16,000.00
$40,560.00
$9,600.00
$1,800.00
$4,500.00
$12,000.00
$8,000.00
$3,900.00
$100.00
$6,250.00
$100.00
$55.00
$5,000.00
$3,500.00
$3,000.00
$5.00
$100.00
$1,500.00
$3,507.00
$923.00
$1,659.00
$60,255.00
$6,201.00
$4,200.00
$2,000.00
$1,700.00
$12,400.00
$12,600.00
$17,575.00
$23,375.00
$8,004.00
$4,906.00
$2,280.00
$5,544.00
$10,620.00
$1,000.00
$11,400.00
$190,149.00
$151.00
$62.50
$66.00
$1,575.00
$1,100.00
$3,300.00
$3,200.00
$900.00
$1,350.00
$69.00
$223.00
$38.00
$84.00
$1,180.00
$500.00
$1,800.00
$755.00
$70,312.50
$16,302.00
$7,875.00
$2,200.00
$9,900.00
$12,800.00
$18,000.00
$27,000.00
$2,277.00
$2,899.00
$21,926.00
$1,344.00
$12,980.00
$500.00
$1,800.00
$208,870.50
$56.00
$61.00
$1,700.00
$3,200.00
$3,400.00
$900.00
$1,350.00
$69.00
$38.00
$84.00
$500.00
$4,650.00
$63,728.00
$8,052.00
$5,100.00
$6,400.00
$6,800.00
$14,400.00
$14,850.00
$13,317.00
$418.00
$3,360.00
$500.00
$4,650.00
$141,575.00
$53.75
$52.00
$1,600.00
$1,000.00
$2,150.00
$3,250.00
$1,675.00
$84.00
$500.00
$2,350.00
$102,710.00
$92,970.00
$846,410.00
$83.50
$71.00
$79.00
$51.50
$58.50
$1,400.00
$1,000.00
$850.00
$3,100.00
$3,150.00
$925.00
$1,375.00
$69.00
$223.00
$38.00
$84.00
$1,180.00
$1,000.00
$11,400.00
$131,620.00
$631,450.00
$14,320.00
$48,620.00
$6,000.00
$4,000.00
$5,600.00
$5,430.00
$1,500.00
$7,500.00
$1,920.00
$12,994.00
$24,252.00
$2,100.00
$2,700.00
$2,000.00
$1,700.00
$12,300.00
$6,800.00
$2,925.00
$1,600.00
$2,000.00
$600.00
$13,603.00
$304.00
$756.00
$3,540.00
$500.00
$1,000.00
$93,594.00
$169,625.00
$139,780.00
$753,440.00
$96.00
$89.00
$86.00
$2,100.00
$1,350.00
$1,000.00
$850.00
$4,100.00
$3,400.00
$975.00
$1,600.00
$100.00
$30.00
$223.00
$38.00
$84.00
$1,180.00
$500.00
$1,000.00
$156,805.00
$141,513.00
TOTAL BASE BID AMOUNT
179
748
2
2
2
181
1
1
$60.00
$65.00
$70.00
$50.00
$60.00
$1,200.00
$1,000.00
$900.00
$1,500.00
$3,000.00
$550.00
$800.00
$55.00
$115.00
$35.00
$75.00
$900.00
$100.00
$13,500.00
$203,049.00
SUBTOTAL
WATERLINE NO. 6 (ADD ALTERNATE)
16" RJ Waterline
77
16" Waterline
78
16" Butterfly Valve Assembly (Anchored)
79
80
81
Remove & Replace Gravel Drive
82
Erosion Control
83
84
$2,520.00
$910.00
$1,575.00
$49,140.00
$7,420.00
$4,800.00
$2,400.00
$1,800.00
$8,000.00
$11,200.00
$19,000.00
$29,750.00
$5,220.00
$1,430.00
$1,320.00
$7,260.00
$11,250.00
$2,500.00
$22,500.00
75.00
42.00
70.00
1,600.00
1,200.00
2,000.00
2,800.00
1,000.00
1,750.00
45.00
65.00
22.00
110.00
1,250.00
2,500.00
22,500.00
SUBTOTAL
WATERLINE NO. 5A & 5B
8" Waterline
67
68
8" Valve Assembly
69
4" Valve Assembly
70
71
72
73
74
Erosion Control
75
76
$1,200.00
$7,300.00
$16,920.00
$5,000.00
$2,400.00
$2,000.00
$1,800.00
$4,500.00
$6,000.00
$1,650.00
$800.00
$2,000.00
$100.00
$7,015.00
$280.00
$675.00
$2,700.00
$100.00
$8,250.00
NOWAK CONSTRUCTION
UNIT PRICE
COST
$70,690.00
$189,995.00
SUBTOTAL
WATERLINE NO. 4
8" Waterline
55
56
8" Valve Assembly
57
58
59
60
61
62
63
64
Erosion Control
65
66
$60.00
$50.00
$60.00
$5,000.00
$1,200.00
$1,000.00
$900.00
$1,500.00
$3,000.00
$550.00
$800.00
$100.00
$5.00
$115.00
$35.00
$75.00
$900.00
$100.00
$8,250.00
$79,103.00
SUBTOTAL
WATERLINE NO. 3
8"DI CL Waterline
39
8" Waterline
40
41
8" Valve Assembly
42
6" Valve Assembly
43
44
45
46
47
48
49
50
51
Wheelchair Ramps
52
Erosion Control
53
54
$1,200.00
$6,132.00
$19,740.00
$4,800.00
$3,200.00
$2,400.00
$1,800.00
$6,000.00
$5,600.00
$3,000.00
$1,750.00
$2,200.00
$600.00
$3,965.00
$176.00
$990.00
$3,750.00
$1,800.00
$10,000.00
MIES CONSTRUCTION
UNIT PRICE
COST
$17,200.00
$35,152.00
$12,800.00
$2,000.00
$6,450.00
$13,000.00
$16,750.00
$4,368.00
$500.00
$2,350.00
$110,570.00
$744,758.50
$17,900.00
$41,140.00
$10,000.00
$7,000.00
$6,000.00
$905.00
$100.00
$1,500.00
$98.50
$61.00
$3,900.00
$2,700.00
$2,925.00
$17.00
$500.00
$1,000.00
$84,545.00
$17,631.50
$45,628.00
$7,800.00
$5,400.00
$5,850.00
$3,077.00
$500.00
$1,000.00
$86,886.50
$715,995.00
$831,645.00
5% BID BOND
X
X
ADDENDUM NO. 1
X
X
Section V Item 3
Date
05/20/2014
Department/Division
City Manager
Staff Contact
Nick Hernandez
Consider Resolution setting a public meeting of the Governing body of the City
of Arkansas City on May 27, 2014 at 5:30 p.m. (Voice Vote)
Details
Description
A public meeting will need to take place in order for the commision to start preliminary
discussions regarding the 2015 budget.
Commission Options
1. Approve the Resolution
Fiscal Impact:
Amount:
Fund:
Department:
Included in budget
Expense Code:
Grant
Other (explain)
SIGNATURE
Bonds
RESOLUTION NO. 2013-09A RESOLUTION SETTING A PUBLIC MEETING OF THE GOVERNING BODY OF THE CITY OF ARKANSAS
CITY ON MAY 27, 2014 AT 5:30 P.M.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS:
SECTION ONE: The Governing Body hereby establishes that it shall hold a City Commission Budget
Retreat at 5:30 p.m. on May 27, 2014, at Warren Cabin, 2776 272nd Road, Arkansas City, Kansas. No
action will be taken at said meeting, but instead the Commissioners will discuss the 2015 City budget.
SECTION TWO: The Governing Body of the City of Arkansas City hereby directs notice of this public
meeting shall be provided to those requesting notice under the Kansas Open Meetings Act. The
Governing Body further authorizes City Staff of the City of Arkansas City to take such further and
other necessary actions that are required to effectuate the intent and purposes of this Legislative
Enactment.
SECTION THREE: This Resolution will be in full force and effect from its date of passage by the City
Commission of the City of Arkansas City.
PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this 20th day of
May, 2014.
(Seal)
Chad Giles, Mayor
ATTEST:
APPROVED AS TO FORM.
CERTIFICATE
I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 2014-05
of the City of Arkansas City, Kansas adopted by the governing body on May 20, 2014 as the same
appears of record in my office.
DATED: _________________
Lesley Shook, Clerk
CITY OF ARKANSAS CITY, KANSAS
FINANCIAL SUMMARY
For the Quarter Ended April 30, 2014
Cash Summary
Fund
01 - GENERAL FUND
15 - STORMWATER FUND
16 - WATER FUND
18 - SEWER FUND
19 - SANITATION FUND
20 - SPECIAL RECREATION FUND
21 - SPECIAL STREET FUND
23 - TOURISM/CONVENTION FUND
25 - CHEROKEE STRIP MUSEUM
26 - SPECIAL ALCOHOL FUND
27 - PUBLIC LIBRARY FUND
29 - COMMUNITY CONTRIBUTIONS FUND
42 - HOSPITAL IMPROVEMENT FUND
43 - BOND & INTEREST FUND
53 - MUNICIPAL COURT FUND
54 - EQUIPMENT RESERVE FUND
58 - STREET IMPROVEMENT FUND
68 - CONSTRUCTION FUND
TOTALS
Beginning Cash
Balance
$
627,570 $
679,211
3,609,980
1,732,712
797,377
12,662
373,453
68,975
57,668
9,995
430,288
270,048
8,319
325,648
1,574,562
277,974
$ 10,856,443
$
Receipts
3,301,036
64,646
1,132,388
620,753
481,036
2,464
167,820
47,587
112,195
2,464
171,856
159
288,438
528,452
7,152
288,725
160,253
7,377,422
Ending Cash
Disbursements
Balance
$
2,618,300 $
1,310,306
44,153
699,703
552,456
4,189,911
285,279
2,068,185
611,038
667,375
15,126
57,757
483,516
54,352
62,210
112,195
1,000
59,132
171,856
3,899
6,256
400,000
318,726
798,500
15,471
325,648
1,863,287
438,227
Variance
Favorable
Budget
(Unfavorable)
$
8,815,482 $
6,197,182
281,608
237,455
3,484,357
2,931,901
1,873,369
1,588,090
1,953,110
1,342,072
19,395
19,395
377,310
319,553
110,000
55,648
200,611
88,416
15,000
14,000
334,126
162,270
Not a budgeted fund
775,000
375,000
1,727,681
1,727,681
Not a budgeted fund
Not a budgeted fund
1,200,000
1,200,000
Not a budgeted fund
$
$ 21,167,049
4,912,285
INDEBTEDNESS:
GO SERIES 2005A BONDS
KDHE WATER LOAN
2005 AERIAL PLATFORM TRUCK LEASE
2013 PUMPER FIRE TRUCK LEASE
TOTAL
Note: Information is unaudited
Budget Budget
Summary
$
13,321,580
$
490,000
1,420,000
1,290,000
5,545,000
750,418
156,685
528,572
$
10,180,675
%
Remaining
(67%)
70.30%
84.32%
84.14%
84.77%
68.71%
100.00%
84.69%
50.59%
44.07%
93.33%
48.57%
48.39%
100.00%
100.00%

City of Arkansas City Board of City Commissioners

Transcription

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